Legal Question in Immigration Law in Illinois
Planning to marry my partner - who is not a citizen - after 3 years of dating, what is the process after we marry to get him legalized? How long? Will he have to leave the country? He has no criminal record.
2 Answers from Attorneys
It depends on how he first entered the country.
You can contact me for a free consultation at http://www.msclaw.com or read over general information on the process of obtaining permanent residence through marriage to a US citizen here:
http://www.msclaw.com/Green_Card_for_Spouse.html
Do you mean a 'partner' as a same-sex partner or an opposit sex partner?
The US federal immigraton law provides only for opposite sex marriages (marriage of a man and a woman).
If he came to USA legally (most of the visas are okay) and overstayed, then after the marriage, you can petition for him and he can apply for adjustment of status (green card) without having to depart the USA.
If he came to USA illegally, then he will have to go abroad and fight subsequent denial of the visa based on inadmissibility grounds. This is, of course, a very generic overview. For a case-specific advice and guidance, you should consult a lawyer off of the public forum.
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